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Posted on 05/08/2002 1:12:47 PM PDT by Glutton

Official says bar owners must tell smokers to leave premises

By JEFF WRIGHT 
The Register-Guard

In hearing an appeal filed by Our Place Tavern, official Gary Darnielle agreed to reduce owner Jim Trunnell's fine by almost half to $240. But he also ruled that Trunnell's business violated the smoking ban, and said business owners or employees must tell a smoking customer to stop immediately or leave the premises.

Darnielle "concluded that owners must take a proactive approach in getting smokers to stop smoking," said Mike McKerrow, the city's land use management supervisor. "Simply saying, `If you smoke inside this building, I won't serve you anymore' is not enough."

City officials and anti-tobacco advocates say overall compliance with the smoking ban has been good. But a handful of bar owners have been fined, including several who have appealed their citations.

The city's ban, approved by the City Council in November 2000, is more restrictive than a statewide ban on workplace smoking that went into effect this year. Unlike Eugene's ban, the state law allows smoking in bars, bingo halls and bowling alleys.

Trunnell and other bar owners, citing substantial drops in business, have asked the council to repeal the city law in favor of the state ban. But so far only one councilor, Pat Farr, has proposed revisiting the topic.

Trunnell, whose bar is on Highway 99 North, said he feels partially vindicated because the hearings official agreed to lower his fine from $420 to $240.

Trunnell said that he'd done all the city had asked - removing ashtrays, posting no-smoking signs and telling patrons they won't be served if they light up.

But Trunnell is still miffed because he also had to pay a $150 filing fee to appeal - and the city won't reimburse him.

Trunnell said he may file a complaint in civil court to get the filing fee back.

"I feel I'm being treated unfairly - I'm not getting my money back when I proved that I wasn't as negligent as the city said I was," he said.

McKerrow said a filing fee can be refunded only if a hearings official finds that the city's citation against a business is baseless. That's not the situation in Trunnell's case, he said.

City officials said they believe Darnielle reduced Trunnell's fine because he wasn't at the business when the violation occurred and had made some effort to inform customers not to smoke, including the posting of signs.

Three other businesses have appeals hearings scheduled this month: Brew & Cue on Highway 99 North; John Henry's, which recently vacated its premises on East 11th Avenue but plans to relocate on the downtown mall; and Sher's Tavern on West 11th.

Copyright © 2002 The Register-Guard

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